CITY OF BURLINGTON - CITY COUNCIL

OFFICIAL PROCEEDINGS

Claude Lois, Mayor

Beverly Gill, City Clerk

Police Department Courtroom

November 9, 2006

On this Thursday evening, Mayor Lois called the meeting to order at 6:59 p.m. starting with roll call. Roll Call: Kent Strong, Thomas Vos, Robert Miller, Joel Jacobsen, Peter Girolamo, John Thate and James Beardsley. Alderman John Ekes was excused. Also present were: City Administrator, David Torgler; Budget Officer, Bridget Lois; Department of Public Works Utilities Supervisor, Dick Pieters; Department of Public Works – Streets and Parks Supervisor, Larry Gobel; Police Chief, David Walsh; Lieutenant, Scot Eisenhauer; Administrative Services Manager, Kim Hardesty; Fire Chief, Dick Lodle; Library Director, Gayle Falk; City Attorney, Thomas Kircher; Kapur & Associates, Tom Foht and Building Inspector, Patrick Scherrer.

Citizen Comments – None.

Chamber of Commerce Representative – No report.

Approval of Minutes –Alderman Girolamo moved and Alderman Thate seconded to approve the minutes of October 17, 2006. All were in favor and the motion carried.

Letters and Communications – Alderman Miller moved and Alderman Strong seconded to approve Communication 1 regarding Alderman Ekes’ excused absence from the evening’s meeting. All were in favor and the motion carried.

REPORTS BY ALDERMANIC REPRESENTATIVES AND DEPARTMENT HEADS

Alderman Vos informed the Council and Larry Gobel, Department of Public Works – Streets and Parks Supervisor, that he had received a letter from Burlington resident Vera Frosch voicing her complaints regarding the dumpster in front of the Burlington Pool. Mr. Gobel stated that he is working on the issue and the dumpster will be removed for the winter months.

Alderman Thate complimented Budget Officer, Bridget Lois on a budget sheet she recently distributed to the Council. He also thanked Mr. Gobel and his staff for fixing the manhole cover noise on East State Street. He also noted that on election day at Cross Lutheran Church there were a large number of non registered voters that lead to a great deal of confusion and congestion for those registered.

Mayor Lois wanted to compliment the police and fire departments for the parade for the Catholic Central girls’ volleyball team.

REPORTS

Alderman Vos moved and Alderman Thate seconded to receive and accept reports 1-3. All were in favor and the motion carried. (These reports are on file at City Hall for viewing.)

1. Committee of the Whole Minutes of October 17, 2006
2. Zoning Board of Appeals Minutes of May 30, 2006
3. Historic Preservation Commission Minutes of September 28, 2006

PAYMENT OF VOUCHERS

Alderman Miller moved and Alderman Girolamo seconded to approve pre-paids in the amount of $21,121.11 on October 17, 2006; $28,794.59 on October 25, 2006 and $53,051.92 on November 1, 2006 totaling $102,967.62 and vouchers in the amount of $395,330.21 on November 9, 2006 for a grand total of $498,297.83. Reimbursements were in the amount of $636.29 on October 27, 2006. Debit Card purchases were in the amount of $329.24 for the Library; $391.02 and $53.01 for the Police Department. Roll Call: Ayes: Strong, Girolamo, Jacobsen, Miller, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

LICENSES AND PERMITS

Alderman Vos moved and Alderman Miller seconded to approve the licenses and permits as presented. All were in favor and the motion carried.

Operator’s License

Fell Sr., John H. 1413 Pleasant Street, Burlington
Francois, Ashley N. 902 Midwood Drive, Burlington
George, Forrest E. 211 Nevada Avenue, Burlington
Kuhnke, Crystal M. 417 S. Wisconsin Street, Elkhorn
McKusker, James J. 1611 South Browns Lake Drive, Burlington

Change of Agent:

Name: Veteran’s Memorial Building Corp.
Agent: James J. McKusker
Address: 1611 South Browns Lake Drive, Burlington
Trade Name: Veteran’s Memorial Building Corp.
Address: 588 Milwaukee Avenue, Burlington
   
Name: Wal-Mart Stores East, LP
Agent: Cliff Floerke
Address: W9619 Briedsan Drive, Whitewater
Trade Name: Wal-Mart Supercenter
Address: 1901 Milwaukee Avenue, Burlington

APPOINTMENTS

None.

PUBLIC HEARINGS

  1. A public hearing on the proposed 2006 Budget for the City of Burlington.

Mayor Lois opened the public hearing at 7:05 p.m.

There were no comments.

Alderman Miller moved and Alderman Jacobsen seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 7:06 p.m.

  1. A public hearing to consider repealing and recreating Chapter 284, Tattooing, of the Code of the City of Burlington and Sections 315-26 and 315-27, to permit tattoo parlors and body piercing establishments in the B-1, Neighborhood Business District and the B-2, Central Business District in the City of Burlington.

Mayor Lois opened the public hearing at 7:06 p.m.

Mr. Chris Haase, 1320 Grove Avenue, City of Racine, stated that he was in favor of this change and declared his intent to bring a high quality tattoo shop to Burlington.

Alderman Miller moved and Alderman Vos seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 7:07 p.m.

  1. A public hearing to consider amending Section 315-26F, "Building Height" in the B-1, Neighborhood Business District of Chapter 315, "Zoning" of the City of Burlington Municipal Code, increasing the maximum allowable building height to 60 feet.

Mayor Lois opened the public hearing at 7:08 p.m.

There were no comments.

Alderman Miller moved and Alderman Vos seconded to close the public hearing.

All were in favor and the motion carried. The public hearing was closed at 7:09 p.m.

RESOLUTIONS INTRODUCED

  1. A resolution approving a Certified Survey Map for lands lying east of Bridge Street and south of the State Street Bridge (Riverwalk Plaza).

  2. A resolution approving Amendment Number Two to Task Order Number Forty-Six with Kapur and Associates, Inc. to prepare the Commerce Street reconstruction plans to meet WisDOT plan set standards and PS&E submittal requirements for the not-to-exceed amount of $16,051.00.

RESOLUTIONS ADOPTED

Alderman Miller requested a second reading of Resolution No. 38, A resolution approving a Certified Survey Map for lands lying east of Bridge Street and south of the State Street Bridge (Riverwalk Plaza). Alderman Miller moved and Alderman Strong seconded to adopt Resolution No. 38. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

Alderman Vos requested a second reading of Resolution No. 39, A resolution approving Amendment Number Two to Task Order Number Forty-Six with Kapur and Associates, Inc. to prepare the Commerce Street reconstruction plans to meet WisDOT plan set standards and PS&E submittal requirements for the not-to-exceed amount of $16,051.00. Alderman Vos moved and Alderman Girolamo seconded to adopt Resolution No. 39. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

ORDINANCES INTRODUCED

  1. (Corrected) An Ordinance setting forth permanent zoning classifications and regulations for the property owned by the Order of the Franciscan Fathers located at 2457 Browns Lake Drive.
  1. An Ordinance amending sections of the Zoning, Subdivision of Land, and Parks and Public Areas chapters of the Code of the City of Burlington to align with State and FEMA mandated floodplain provisions.
  1. An Ordinance amending Chapter 315, Zoning, of the Code of the City of Burlington to eliminate the B-4, Highway Business District and to rezone the parcels zoned B-4 to B-1, Neighborhood Business District.

  2. An Ordinance to repeal and recreate Chapter 284, "Tattooing", of the Code of the City of Burlington and Sections 315-26 and 315-27, to permit tattoo parlors and body piercing establishments in the B-1 and B-2 Zoning Districts in the City of Burlington.

  3. An Ordinance amending Section 315-26F, "Building Height" in the B-1, Neighborhood Business District of Chapter 315, "Zoning" of the City of Burlington Municipal Code, increasing the maximum allowable building height to 60 feet.

  4. An Ordinance amending the official traffic map by creating a mid-block pedestrian crossing on McHenry Street 230 feet northerly of it’s intersection with St. Mary’s Street and expanding the existing no parking zone.

ORDINANCES ADOPTED

Alderman Miller requested a second reading of Ordinance No. 6, (Corrected) An Ordinance setting forth permanent zoning classifications and regulations for the property owned by the Order of the Franciscan Fathers located at 2457 Browns Lake Drive. Alderman Miller moved and Alderman Girolamo seconded to adopt Ordinance No. 6. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

Alderman Vos requested a second reading of Ordinance No. 12, An Ordinance amending sections of the Zoning, Subdivision of Land, and Parks and Public Areas chapters of the Code of the City of Burlington to align with State and FEMA mandated floodplain provisions. Alderman Vos moved and Alderman Girolamo seconded to adopt Ordinance No. 12. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

Alderman Miller requested a second reading of Ordinance No. 16, An Ordinance amending Chapter 315, Zoning, of the Code of the City of Burlington to eliminate the B-4, Highway Business District and to rezone the parcels zoned B-4 to B-1, Neighborhood Business District. Alderman Miller moved and Alderman Girolamo seconded to adopt Ordinance No. 16. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

Alderman Miller requested a second reading of Ordinance No. 17, An Ordinance to repeal and recreate Chapter 284, "Tattooing", of the Code of the City of Burlington and Sections 315-26 and 315-27, to permit tattoo parlors and body piercing establishments in the B-1 and B-2 Zoning Districts in the City of Burlington. Alderman Miller moved and Alderman Jacobsen seconded to adopt Ordinance No. 17. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

Alderman Vos requested a second reading of Ordinance No. 18, An Ordinance amending Section 315-26F, "Building Height" in the B-1, Neighborhood Business District of Chapter 315, "Zoning" of the City of Burlington Municipal Code, increasing the maximum allowable building height to 60 feet. Alderman Vos moved and Alderman Strong seconded to adopt Ordinance No. 18. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

Alderman Vos requested a second reading of Ordinance No. 19, An Ordinance amending the official traffic map by creating a mid-block pedestrian crossing on McHenry Street 230 feet northerly of it’s intersection with St. Mary’s Street and expanding the existing no parking zone. Alderman Vos moved and Alderman Girolamo seconded to adopt Ordinance No. 19. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

MOTIONS

06-512

A motion to approve a Certificate of Appropriateness Application for 492 N. Pine Street as stated in the RCEDC memorandum dated October 27, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

06-513

A motion to approve a Certificate of Appropriateness Application for 484 N. Pine Street as stated in the RCEDC memorandum dated October 27, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

06-514

A motion to approve a Certificate of Appropriateness Application for 180 E. Chestnut Street as stated in the RCEDC memorandum dated October 31, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

06-515

A motion to approve a Sign Permit Application for 180 E. Chestnut Street as stated in the RCEDC memorandum dated October 31, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

06-516

A motion to approve a Sign Permit Application for 256 E. Chestnut Street as stated in the RCEDC memorandum dated October 31, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

06-517

A motion to approve a Sign Permit Application for 460 N. Pine Street as stated in the RCEDC memorandum dated October 31, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

06-518

A motion to approve a Sign Permit Application for 580 N. Pine Street as stated in the RCEDC memorandum dated October 31, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

06-519

A motion to approve a Certificate of Appropriateness Application for 557 N. Pine Street as stated in the RCEDC memorandum dated October 31, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

06-520 A motion to approve a Certificate of Appropriateness Application for 140 W. Chestnut Street as stated in the RCEDC memorandum dated October 31, 2006, "same subject", and recommended for approval by the Historic Preservation Commission.

Alderman Miller moved and Alderman Girolamo seconded to adopt Motions 06-512 – 06-520 as presented. All were in favor and the motion carried.

OTHER MATTERS

Alderman Beardsley voiced his concerns regarding the flashing stoplights on the weekends being very dangerous near the intersections with railroad tracks. Mayor Lois stated that this situation would be monitored.

ADJOURN INTO CLOSED SESSION

Mayor Lois entertained a motion to enter into closed session pursuant to Wis. Stats 19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. Alderman Miller moved and Alderman Vos seconded to enter into closed session at 7:20 p.m. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None.

RECONVENED INTO OPEN SESSION

Alderman Girolamo moved and Alderman Vos seconded to reconvene into open session at 8:21 p.m. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None.

MOTIONS

06-522 A motion to approve the terms and conditions as outlined in proposed ordinance 1816(20) providing for the salaries of elected officials and working conditions of appointed officials and non-represented employees of the City of Burlington.

Alderman Strong moved and Alderman Girolamo seconded to approve Motion 06-522. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

ORDINANCES

  1. An ordinance providing for the salaries of elected officials and working conditions of appointed officials and non-represented employees of the City of Burlington.

Alderman Vos moved and Alderman Jacobsen seconded to approve Ordinance 20. Roll Call: Ayes: Strong, Girolamo, Miller, Jacobsen, Vos, Thate and Beardsley. Nays: None. All were in favor and the motion carried.

ADJOURNMENT

Alderman Miller moved and Alderman Vos seconded to adjourn the meeting at 8:24 p.m. All were in favor and the motion carried.

Adjourned at 8:24 p.m.

Recording Secretary – Angela M. Hansen

 

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